AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING RESOURCES ACT OF 1998 (Allows the town of Tiverton to receive a one-half (1/2) credit for affordable housing units for manufactured homes in age restricted communities in conformance with all zoning laws and/or ordinances of the town.)

H7293

2026 -- H 7293
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LC004131
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING
RESOURCES ACT OF 1998

Introduced By:
Representative John G. Edwards

Date Introduced:
January 23, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-128-8.1 of the General Laws in Chapter 42-128 entitled "Rhode
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Island Housing Resources Act of 1998" is hereby amended to read as follows:
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42-128-8.1. Housing production and rehabilitation.
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(a)
Short title.
This section shall be known and may be cited as the “Comprehensive
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Housing Production and Rehabilitation Act of 2004.”
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(b)
Findings.
The general assembly finds and declares that:
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(1) The state must maintain a comprehensive housing strategy applicable to all cities and
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towns that addresses the housing needs of different populations including, but not limited to,
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workers and their families who earn less than one hundred twenty percent (120%) of median
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income, older citizens, students attending institutions of higher education, low- and very-low
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income individuals and families, and vulnerable populations including, but not limited to, persons
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with disabilities, homeless individuals and families, and individuals released from correctional
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institutions.
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(2) Efforts and programs to increase the production of housing must be sensitive to the
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distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage
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growth and to pace and phase development, especially in high-growth areas.
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(3) The state in partnership with local communities must remove barriers to housing
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development and update and maintain zoning and building regulations to facilitate the construction,

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rehabilitation of properties and retrofitting of buildings for use as safe affordable housing.
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(4) Creative funding mechanisms are needed at the local and state levels that provide
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additional resources for housing development, because there is an inadequate amount of federal
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and state subsidies to support the affordable housing needs of Rhode Island’s current and projected
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population.
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(5) Innovative community planning tools, including, but not limited to, density bonuses
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and permitted accessory dwelling units, are needed to offset escalating land costs and project
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financing costs that contribute to the overall cost of housing and tend to restrict the development
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and preservation of housing affordable to very-low income, low-income, and moderate-income
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persons.
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(6) The gap between the annual increase in personal income and the annual increase in the
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median sales price of a single-family home is growing, therefore, the construction, rehabilitation
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and maintenance of affordable, multi-family housing needs to increase to provide more rental
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housing options to individuals and families, especially those who are unable to afford
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homeownership of a single-family home.
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(7) The state needs to foster the formation of cooperative partnerships between
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communities and institutions of higher education to significantly increase the amount of residential
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housing options for students.
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(8) The production of housing for older citizens as well as urban populations must keep
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pace with the next twenty-year (20) projected increases in those populations of the state.
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(9) Efforts must be made to balance the needs of Rhode Island residents with the ability of
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the residents of surrounding states to enter into Rhode Island’s housing market with much higher
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annual incomes at their disposal.
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(c)
Strategic plan.
The executive office of housing, in conjunction with the statewide
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planning program, shall develop every five (5) years, a five-year (5) strategic plan for housing,
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which plan shall be adopted as an element of the state guide plan, and which shall include quantified
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goals, measurable intermediate steps toward the accomplishment of the goals, implementation
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activities, and standards for the production and/or rehabilitation of year-round housing to meet the
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housing needs including, but not limited to, the following:
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(1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing
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options;
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(2) Workers, housing affordable at their income level;
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(3) Students, dormitory, student housing and other residential options;
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(4) Low-income and very-low income households, rental housing;

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(5) Persons with disabilities, appropriate housing; and
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(6) Vulnerable individuals and families, permanent housing, single-room occupancy units,
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transitional housing and shelters.
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(d) As used in this section and for the purposes of the preparation of affordable housing
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plans as specified in chapter 22.2 of title 45, words and terms shall have the meaning set forth in
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chapter 22.2 of title 45, chapter 53 of title 45, and/or § 42-11-10, unless this section provides a
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different meaning or unless the context indicates a different meaning or intent.
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(1) “Affordable housing” means residential housing that has a sales price or rental amount
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that is within the means of a household that is of moderate income or less. In the case of dwelling
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units for sale, housing that is affordable means housing in which principal, interest, taxes, which
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may be adjusted by state and local programs for property tax relief, and insurance constitute no
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more than thirty percent (30%) of the gross household income for a household with less than one
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hundred and twenty percent (120%) of area median income, adjusted for family size. Provided,
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however, that exclusively for the residents of New Shoreham, their affordable housing eligibility
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standards shall include households whose adjusted gross income is less than one hundred forty
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percent (140%) of their residents’ median income, adjusted for family size. In the case of dwelling
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units for rent, housing that is affordable means housing for which the rent, heat, and utilities other
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than telephone constitute no more than thirty percent (30%) of the gross annual household income
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for a household with eighty percent (80%) or less of area median income, adjusted for family size.
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(i) Affordable housing shall include all types of year-round housing, including, but not
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limited to: manufactured housing; housing originally constructed for workers and their families;
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accessory dwelling units; housing utilizing rental vouchers and/or tenant-based certificates under
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Section 8 of the United States Housing Act of 1937, as amended; and assisted living housing, where
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the sales or rental amount of such housing, adjusted for any federal, state, or municipal government
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subsidy, is less than or equal to thirty percent (30%) of the gross household income of the low
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and/or moderate income occupants of the housing.
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(ii) Mobile and manufactured homes shall be included as affordable housing if such home
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constitutes a primary residence of the occupant or occupants; and such home is located within a
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community owned by the residents or the land containing the home is owned by the occupant or
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occupants; and such home was constructed after June 15, 1976; and such home complies with the
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Manufactured Home Construction and Safety Standards of the United States Department of
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Housing and Urban Development
; provided however, that in the town of Tiverton any
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manufactured home shall be included as affordable housing and credited as one-half (1/2) of an
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affordable unit for purposes of the requirements of § 45-53-1; provided that, the manufactured

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homes are located in an age restricted community requiring residents be fifty-five (55) years or
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older and the community is approved pursuant to specific requirements of the town’s zoning, land
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development and subdivision ordinances and licensed annually by the town
.
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(iii) In that New Shoreham has reached its ten percent (10%) low- and moderate-income
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housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing
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stock as low- and moderate-income housing as defined in § 45-53-3(5)(ii), and inasmuch as there
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are provable economic impacts related to the municipalities’ substantial offshore location,
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residential housing units produced for sale in which principal, interest, taxes, which may be
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adjusted by state and local programs for property tax relief, and insurance constitute no more than
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thirty percent (30%) of the gross household income for a household with less than one hundred
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forty percent (140%) of the area median income, adjusted for family size, shall be counted towards
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the municipalities’ low-and moderate-income housing inventory as defined in § 45-53-3(9).
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(2) “Affordable housing plan” means a plan prepared and adopted by a town or city either
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to meet the requirements of chapter 53 of title 45 or to meet the requirements of § 45-22.2-10(f),
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which require that comprehensive plans and the elements thereof be revised to conform with
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amendments to the state guide plan.
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(3) “Approved affordable housing plan” means an affordable housing plan that has been
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reviewed and approved in accordance with § 45-22.2-9.
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(4) “Moderate-income household” means a single person, family, or unrelated persons
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living together whose adjusted gross income is more than eighty percent (80%) but less than one
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hundred twenty percent (120%) of the area median income, adjusted for family size.
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(5) “Seasonal housing” means housing that is intended to be occupied during limited
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portions of the year.
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(6) “Year-round housing” means housing that is intended to be occupied by people as their
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usual residence and/or vacant units that are intended by their owner for occupancy at all times of
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the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied
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by permanent residents as their usual place of residence.
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(e) The strategic plan shall be updated and/or amended as necessary, but not less than once
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every five (5) years.
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(f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and
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cities shall bring their comprehensive plans into conformity with its requirements, in accordance
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with the timetable set forth in § 45-22.2-10(f); provided, however, that any town that has adopted
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an affordable housing plan in order to comply with the provisions of chapter 53 of title 45, which
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has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the

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requirements of the strategic plan for low- and moderate-income housing until such time as the
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town must complete its next required comprehensive community plan update.
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(g)
Guidelines.
The executive office of housing shall advise the state planning council and
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the state planning council, with the approval of the secretary of housing, shall promulgate and adopt
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no less than every five (5) years, guidelines for higher density development, including, but not
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limited to: (1) Inclusionary zoning provisions for low- and moderate-income housing with
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appropriate density bonuses and other subsidies that make the development financially feasible;
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and (2) Mixed-use development that includes residential development, which guidelines shall take
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into account infrastructure availability; soil type and land capacity; environmental protection; water
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supply protection; and agricultural, open space, historical preservation, and community
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development pattern constraints.
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(h) The statewide planning program shall maintain a geographic information system map
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that identifies, to the extent feasible, areas throughout the state suitable for higher density
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residential development consistent with the guidelines adopted pursuant to subsection (g).
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(i) Notwithstanding subsection (d)(1) of this section, the secretary of housing is authorized
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to develop a four-year (4) pilot program sunsetting on December 31, 2029, to explore alternative
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underwriting criteria to aid in the development of affordable dwelling units for sale to moderate-
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income households. Alternative underwriting criteria shall be limited to no more than thirty-eight
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percent (38%) of gross household income. For the purpose of this section, moderate-income
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households are defined as households earning between one hundred percent (100%) and one
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hundred twenty percent (120%) area median income, adjusted for Metropolitan Statistical Area
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(MSA) and household size. Any dwelling unit for sale developed under the pilot program and
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otherwise meeting the requirements of the definition of low- or moderate-income housing in § 45-
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53-3 shall be eligible as low- and moderate-income housing. As part of the annual integrated
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housing report, as defined in § 42-64.34-1(iv), the secretary of housing shall provide updates on
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the status of the pilot program and any related outcomes.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING
RESOURCES ACT OF 1998
***
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This act would allow the town of Tiverton to receive a one-half (1/2) credit for affordable
2
housing units for manufactured homes in age restricted communities in conformance with all
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zoning laws and/or ordinances of the town.
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This act would take effect upon passage.
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